Terms Of Service

"Buyer" means the company, firm, body or person purchasing the Services from Miller Net Solutions.
"Contract" means a contract, subject to these conditions, for the provision of the Services between Miller Net Solutions and the Buyer.
"Miller Net Solutions" means Miller Net Solutions whose office is at 3 Second Avenue Hull HU6 9NT and any subsidiary or agent of Miller Net Solutions through which the Services are sold.
"Order" means a purchase order in respect of the Services completed or agreed by the Buyer and submitted to Miller Net Solutions, together with all documents referred to in it.
"Quotation" is an agreed piece of work (incorporating these conditions) provided by Miller Net Solutions to the Buyer in respect of the Services. No contract will come into existence until Miller Net Solutions written acceptance or order form has been completed and signed on behalf of the Buyer and the order acknowledgement has been signed on behalf of Miller Net Solutions.
"Services" means the subject matter of each Contract between the Buyer and Miller Net Solutions, being the work and/or services or any of them to be performed by Miller Net Solutions for the Buyer pursuant to the Order.
"Standard Form" means Miller Net Solutions standard form of Order.

General

A Quotation shall not be binding on Miller Net Solutions and a Contract will only come into being upon acceptance by Miller Net Solutions of the Order by signing or counter signing the date of the order and returning it to a customer.
The Contract will be subject to these conditions. All terms and conditions appearing or referred to in the Order or otherwise stipulated by the Buyer shall have no effect, unless such Order is in the Standard Form. Any variation to the Contract must be confirmed in writing by Miller Net Solutions.
Quotations submitted by Miller Net Solutions shall remain open for acceptance by the Buyer for a period of 14 (fourteen) days from the date of the Quotation (unless in the Quotation some other period is specified) or when Miller Net Solutions withdraws the Quotation.
These conditions shall, to the extent applicable, apply to goods and products in the same way as they apply to Services.
The minimum length of any ongoing website services purchased will be 1 month.

Terms of Payment

Miller Net Solutions shall invoice the Buyer for all Services (less any Deposit) immediately on completion of the web Site.
Unless otherwise agreed in writing by Miller Net Solutions, invoices shall be payable by the Buyer immediately upon completion of the relevant Web Site to which the invoice relates.
The Buyer shall make all payments due to Miller Net Solutions by cheque (supported by an appropriate cheque guarantee card) or by bankers draft or in cash or by telegraphic or electronic transfer direct to the company bank account or by arranged Direct Debit (and in each case in pounds sterling).
If the Buyer fails to pay any amount due to Miller Net Solutions under this Agreement on the relevant due date, default interest at the rate specified by the Late Payment of Commercial Debts (Interest) Act 1998 shall be added to such amount for the period from the day after the due date until the date of receipt (whether before or after judgment) together with any reasonable and proper amounts incurred by Miller Net Solutions in seeking to recover such late payment from the Buyer (including, without limitation, legal fees).

Website Design

The client unconditionally guarantees that any element of text, graphics or other artwork furnished to Miller Net Solutions for inclusion in the web design project are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend Miller Net Solutions and it's subcontractors from any claim or suit arising from the use of such elements furnished by the client.
All creation files remain the intellectual property of Miller Net Solutions on completion of a web design project.
Miller Net Solutions shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivatives works, and distribute any item from the client’s web pages unless specifically agreed to do otherwise. Further, Miller Net Solutions shall be free to use any ideas, concepts, know how or techniques acquired in the construction of web sites for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and any other items incorporating such information unless specifically agreed otherwise
Miller Net Solutions will not allow the presentation of any information, data or material in violation of any British law is prohibited. This may include but not be limited to;

A. Illegal Material - This includes illegally exploited copyrighted works,
commercial audio, video, or music files, and any material in violation
of any regulation or material that is perceived to be misleading.

B. Defamatory content - any website content that makes a false claim,
expressively stated or implied to be factual, that may give an individual,
business, product, group, government or nation a negative image.

C. We do not allow pornographic or sexually-explicit images of children or any pictures/ video which are obtained illegally

Website Optimisation (SEO)

Whilst Miller Net Solutions will try to improve the position of your website in Search Engine results in response to a search request, we do not warrant that this effort is in any way guaranteed.
Miller Net Solutions cannot be held responsible for any changes to the position of you Web Site in the Search Engine results in response to a search

Warranty and Limit of Responsibility

Miller Net Solutions acknowledges and agrees that it shall perform the Services:
With reasonable skill and care.
In accordance with good industry practice.
The Buyer acknowledges and agrees that Miller Net Solutions shall have no liability to the Buyer in respect of the positioning of the Buyer's Web Site.
The Buyer's remedies in respect of any claim under the foregoing express warranty or any condition or warranty implied by law or any other claim in respect of the Services or Web Site or any workmanship in relation to them (whether or not involving negligence on the part of Miller Net Solutions) shall, in all cases, be limited to re-performance of the Services or refund of the relevant purchase price.
Miller Net Solutions shall not in any circumstances be liable to the Buyer for any indirect or consequential losses or any loss of profits purported to have been suffered by the Buyer.
Miller Net Solutions shall not be liable for any failure in the performance of any of its obligations under the agreement caused by factors outside its control.

Delivery & Completion Dates

Miller Net Solutions undertakes to use its reasonable endeavours to provide completed Services to the Buyer within 14 days of the date on which Miller Net Solutions receives a signed Order from the Buyer.
The dates for carrying out the Services and delivery of any resultant Web Site are approximate only and, unless otherwise expressly stated, time is not of the essence for delivery or performance.
Miller Net Solutions will not be liable in any circumstances for the consequences of any delay in delivery or performance or failure to deliver or perform save where the same is as a result of the negligence of Miller Net Solutions.
No delay (unless material) shall entitle the Buyer to reject any delivery or performance or any other Order from the Buyer or to repudiate the Contract or the Order.

Responsibility for approving the website

The Buyer acknowledges and agrees that Miller Net Solutions shall produce the Web Site based on information provided to it by the Buyer.
It shall be the responsibility of the Buyer (and not Miller Net Solutions) to review and approve the content of the Web Site (including, without limitation, the spelling of names and addresses and the accuracy of telephone numbers) at the time of the completion of such Web Site by Miller Net Solutions to the Buyer for approval by the Buyer.
Miller Net Solutions shall have no liability to the Buyer for any inaccuracies in the Web Site if and to the extent that the Buyer has failed to review and/or approve (or require amendment (as the case may be)) provided to the Buyer by Miller Net Solutions pursuant to this Agreement.

Termination

Miller Net Solutions may terminate the Contract immediately in the event that the Buyer is in breach of its obligations under the Contract and/or the Buyer suffers any event of insolvency or is or becomes unable to pay its debts as they fall due.
Miller Net Solutions may at its discretion suspend or terminate the supply of any goods and services if the buyer fails to make any payment when due or otherwise defaults in any of its obligations under the contract or any other agreement with Miller Net Solutions or becomes insolvent, has an administrative receiver appointed of its business or is compulsorily or voluntarily wound up or Miller Net Solutions bona fide believes that any of those events may occur and in any case of termination may forfeit any monies paid.
Miller Net Solutions may by written notice terminate the Agreement immediately and without liability for compensation or damages except as mentioned in this agreement if the Buyer fails to make payment as specified above.

Assignment & Sub-Contracting

None of the rights or obligations of the Buyer under the Contract may be assigned or transferred in whole or in part without the prior written consent of Miller Net Solutions.
The Web Site shall be for the sole use of the Buyer and shall not be capable of assignment to a third party by the Buyer.
Miller Net Solutions shall be entitled to sub-contract any work relating to the Contract without obtaining the consent of, or giving notice to, the Buyer.

Notices

Any notice or other communication to be given under these conditions must be in writing and may be delivered or sent by prepaid first class letter post or facsimile transmission.
Any notice or document shall be deemed served: if delivered, at the time of delivery; if posted, 48 hours after posting; and if sent by facsimile transmission, at the time of transmission.

Third Party Rights

A person who is not party to this agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. This clause does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.

Law & Jurisdiction

The Contract shall be governed by and construed in all respects in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English courts.